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Peninsular Thinking A conversation about Bremerton, Port Orchard, Poulsbo, Silverdale, Bainbridge Island, Kingston, Manchester, Seabeck, Southworth, Suquamish, Belfair, Keyport, Olalla, Bangor, Hansville, Indianola, Port Gamble, Allyn, Port Ludlow, Gig Harbor and every once in a while something about the good folks who don't have the good fortune to live here.

Category Archives: City of Port Orchard

The city of Port Orchard celebrates its 125th anniversary this
year, with a Sept. 5 shindig in the works.

The city has issued a call-out to local artists and graphic
designers — and anyone else who wants to have a go at it — to
create a logo for the event. The logo will be used for banners,
posters, souvenirs and the like. Unlike with
the city’s wayfinding signs, no monetary award is involved,
but, said Sharron King, who chairs the 125th planning committee,
“The designer will be part of the continuing history of Port
Orchard and celebrated along with the city at the closing
ceremony.”

Entries (digital or hard copy) are due to city hall by 4 p.m.
March 2. The committee will review them and pick a winner that
week.

The committee is also looking for photos of the city from the
last 125 years and for bits and pieces you might have about the
city’s history. Photos and other submissions may be used on the
city’s website, Facebook page or in advertising of the event.
Submit anything you have to cityclerk@cityofportorchard.us.

Port Orchard Mayor Tim Matthes is considering running again for
the office in this year’s election.

Matthes, elected in 2011, will complete his first four-year term
at the end of 2015.

“Right now my health is fine,” said Matthes, 68. “If it stays
that way, I’ll be making a decision early in the year.”

Matthes said he doesn’t want there to be a lot of “drama” over
speculation about whether he will or won’t run. His comments came
up during an interview for our story about
Gil Michael, longtime planning commissioner, who died Dec. 27.
Matthes served with Michael on the commission before he (Matthes)
won the election over then-incumbent Lary Coppola in a razor thin
race.

Matthes, during our recent talk, said he initially was motivated
to run for the office because of concerns over the potential cost
of the Tremont widening project.

As interested as Michael was in city government, I think it’s
fair to say many wonder why he never ran for mayor. Matthes on
Monday said he asked Michael in 2011 to put himself up as a
candidate, before he (Matthes) made the decision to throw his own
hat into the ring.

“He absolutely said ‘no way,'” Matthes said. “Gil didn’t really
like the limelight.”
Matthes said his decision this time around on whether to run for
mayor will be partly based on who else is interested. Right now
he’s being careful to say he’s only “considering” running again,
because a formal declaration of candidacy will require filing with
the Public Disclosure Commission, a step he’s not quite ready to
take yet.

Several people on Facebook have mentioned a
New York Times article about Doug Whitney, a Port Orchard man
who has a gene mutation that (in most people) causes early onset
Alzheimer’s disease. Whitney, 65, has yet to show symptoms, and
researchers are trying to figure out why.

Whitney’s mother and nine of her siblings, as well as Whitney’s
older brother died of the disease. All began showing symptoms in
their 40s.

“So Mr. Whitney has become Exhibit A in a new direction in
genetics research. After years of looking for mutations that cause
diseases, investigators are now searching for those that prevent
them,” the article states.

The idea of beneficial gene mutations is getting plenty of
attention from the scientific community.

Two Seattle researchers have started “The Resilience Project,”
drawing on large databases to find people, like Whitney, who seem
to have protective genes. They found Whitney after contacting
Washington University (in St. Louis), where a study is under way of
families with a gene, presenilin, that causes early Alzheimer’s.
Whitney joined the study in 2011.

Whitney deferred getting tested for the Alzheimer’s causing gene
until he turned 62. Other researchers have contacted him, as well,
and Whitney, for his part, is happy to contribute to advancing
knowledge of Alzheimer’s, the article states.

So, question for readers: If, based on the medical history of
family members, you knew you might have a disease-causing genetic
mutation, would you get tested and when?

The city’s utility committee has been working since May with
consultant Katy Isaksen to calculate what it would take to bridge
the “gap” between revenue from ratepayers and the actual cost to
provide sewer and water services. The city also needs to do some
major upgrades to both systems, according to the public works
department. Those costs are built into Isaksen’s recommended
scenario under which the average sewer-water customer would see
their bill rise from about $100 in 2015 to more than $230 in
2020.

Notice how the formal presentation on Isaksen’s recommendation
came after months of looking at the details and revising estimates
in committee meetings. It’s no stretch to say committee meetings
are where the heavy lifting of city government gets done. And the
public is always welcome to attend.

One city resident who does pay close attention to utilities is
Elissa Whittleton. She tries to attend most utility committee
meetings and, in a Facebook post a couple of weeks ago she
complained about a new (as of October) disclaimer at the bottom of
the agenda stating,

“PLEASE NOTE: UTILITY COMMITTEE PACKET MATERIALS PROVIDED TO
COMMITTEE MEMBERS AND CITY STAFF ONLY. NOT TO BE DISTRIBUTED TO
GENERAL PUBLIC UNLESS OBTAINED THROUGH
PUBLIC RECORDS REQUEST PROCEDURE.”

I, like Elissa, did a “Say what?” about this, since materials
for city council meetings are readily provided through links on the
online agenda and by request as hard copy.

City Clerk Brandy Rinearson had an explanation. The bottom line
is, you can get the materials (with a formal request), but some
materials (of the kind most likely to be distributed at committee
meetings) are exempted from disclosure, and like all public
records, committee materials are subject to redaction.

What does all this mean?

First of all, Rinearson said, committee meetings are different
from regular council meetings in that they don’t constitute a
quorum of council members. Under the state’s Open Public Meetings
Act, any meeting of elected officials where there is a quorum (down
to your tiniest water district) must be publicly noticed and
materials cited at the meeting must be readily available to the
public.

Why does this matter?

While committee members can hammer out policy and develop
recommendations on actions the council might take at one of its
meetings, they can’t take formal action. The council, on the other
hand, can act on the basis of information in reports and other
documents complied into a “council packet” that is often more than
100 pages long.

Don’t be daunted by that. If you are interested in a particular
agenda item — as I was by the consultant’s report on the sewer and
water “gap” — you can simply download it from the city’s website or
ask for that part of the packet.

I had always assumed one could just as easily get materials from
committee meeting packets and until recently they could.

What changed all that?

Starting around late summer, early fall, the utility committee
was knee deep in discussion of stormwater rates. The owners of a
B&B, who had concerns about how the proposed rate assessment
would affect them, made a request for committee materials.
Rinearson, as city clerk, was pulled in on the request, which
included the couple’s earlier stormwater utility bills.

Under state public records law, private information like
addresses, phone numbers, account numbers, social security numbers
and the like must be redacted (whited out so no one can read them).
Another type of information requiring redaction would be an
attorney’s advice to the city, protected under client-attorney
privilege.

So Rinearson realized that, even though the couple was
requesting their own utility bill as part of the committee packet,
technically, their privacy rights would be violated under public
records laws. Rinearson told public works and other staff answering
to the committee to direct any requests for packets through her as
formal public records requests.

Let’s now clarify that a formal records request to the city of
Port Orchard can come in pretty much any form: via email, in
writing and via a phone call to the city clerk’s office.

But wait, there’s more.

Some “preliminary materials” (discussed at any kind of meeting)
are exempt from disclosure under the OPM, Brandy said, citing
RCW
42.56.280. After reading the law and talking with Brandy, I’d
describe these as documents descriptive of works in progress. But
note the exemption for any that are directly linked to a formal
action.

Exempt documents include, “Preliminary drafts, notes,
recommendations, and intra-agency memorandums in which opinions are
expressed or policies formulated or recommended are exempt under
this chapter, except that a specific record is not exempt when
publicly cited by an agency in connection with any agency
action.”

As an example of preliminary documents, note that the estimated
increase in sewer rates was much higher at first, when Isaksen
included all capital projects on the city’s list. Committee members
asked her to revise the estimates factoring in just the most
pressing sewer and water projects.

I asked Rinearson if the RCW isn’t subject to interpretation. It
is, she said. In her training as the public records official for
the city, Rinearson learned about a four-part test — based on a
case reviewed by the Washington State Court of Appeals — which she
and other city officials now use to weigh whether a record is
subject to disclosure.

Records that meet the four-part test could be withheld,
according to Rinearson. The test points are:
One — The records contain pre-decision opinions or recommendations
expressed as part of the deliberative process.
Two — Disclosure would be harmful to the deliberative process or
consultative function of the process.
Three — Disclosure would interfere with the flow of
recommendations, observations, and opinions.
Four — The records reflect policy recommendations and opinions and
are not simply the raw factual data underlying a decision.

Two and three seem subjective to me, which I pointed out to
Rinearson. She affirmed that her department’s decision to withhold
documents is always open to a legal challenge.

According to Rinearson, more than 95 percent of records
requested are readily available without redaction.

Now once more with feeling, Port Orchard’s committee materials
are available are available with a records request to the city
clerk, cityclerk@cityofportorchard.us, or by calling (360)
876-4407.

If you actually made it all the way through this post,
congratulations; email me, chenry@kitsapsun.com, and I will add you
to my unofficial list of local government nerds.

Port Orchard City Councilman Rob Putaansuu, who was replaced on
the Kitsap Transit board Tuesday morning, was reappointed to the
board Tuesday night by the council as the city’s representative to
the board. Putansuu will replace Mayor Tim Matthes on the
board.

Putaansuu has served in the at-large position on the Kitsap
Transit board since the position was created four years ago.
Yesterday, in a shuffle of board members, Putaansuu was replaced by
a member of the Bainbridge Island City Council.

The at-large position is meant to give representation on the
board to Kitsap County’s smaller cities. Putaansuu said that two
years ago when the position was open, no one else stepped up. This
year Bainbridge expressed an interest in taking a turn at that
role.

Other positions on the board are reserved for the three county
commissioners, the mayor of Bremerton, and representatives from
each of the three smaller cities. Traditionally the small city
representative has been the mayor. But Putaansuu at Tuesday’s Port
Orchard City Council meeting said the representative could
alternately be a member of the city council chosen by the rest of
the council, according to transit board bylaws.

The Kitsap Transit board discussion item came up late in the
meeting. Councilman John Clauson, who is Kitsap Transit’s executive
director, recused himself. Councilman Jeff Cartwright also works
for KT, as human resources director, but he said he would not be
stepping down.

“Although I work at Kitsap Transit, I don’t believe there’s a
conflict because I report to John and John reports to the board. If
there are no objections, I do plan on staying for this
conversation.”

“I actually do object,” Matthes said. “I would like that you
also recuse yourself and Mr. Putaansuu should recuse himself.”

Putaansuu said he didn’t see any reason to recuse himself.
Cartwright, however, did step down after Councilman Fred Chang said
he also thought Carwright’s presence was a conflict of interest,
because actions of the board have a direct bearing on Cartwright’s
job. “I’ll honor that,” Cartwright said.

The Mayor, as a member of the KT board, also recused himself,
and Mayor Pro Tem Cindy Lucarelli took over the meeting.

Putaansuu said he is “passionate about”
Kitsap Transit’s study of a fast ferry to Seattle and wants to
bring a vote on the proposed service to Kitsap residents, who would
help foot the bill for operation of the ferry.

“My position is we’ve spent millions of taxpayer dollars to
improve technologies (for the fast ferry) and the business plan (to
operate it), and we owe it to the voters to ask them whether or not
they want that,” Putaansuu said.

Councilwoman Bek Ashby asked if the council could legally take
action on the appointment, given that the meeting was a work study
session. City Clerk Brandy Rinearson said they could.

“The rule is you cannot make a motion if it relates to an
ordinance or if you’re approving a contract or a bill for payment
of money at a special meeting,” she said. Since the appointment was
none of the above, they could take action.

Councilman Jerry Childs talked about Putaansuu’s “historical
knowledge” of the fast ferry issue and said he was in favor of the
appointment.

Chang said he was against it because of the “tradition” of
having the mayor represent the city on the board.

When Elissa Whittleton, a member of the audience, asked if the
mayor shouldn’t be asked whether he’d like to continue serving on
the board, Putaansuu replied, “The bylaws say it’s to be chosen by
the city council, not the mayor.”

Putaansuu abstained from the vote. Childs, Lucarelli and Ashby
voted in favor of the appointment. Chang voted no.

When Matthes returned to the meeting to find he’d been replaced
on the board, he said, “It was all prearranged.”

“In a way it’s a good thing,” the Mayor added, saying now he
could still attend meetings and advocate exclusively for Port
Orchard’s needs.

The method (not without its critics) is trap-neuter-return. KHS
vets say it’s documented to work in gradually reducing feral,
pardon me, community cat colonies.

Adult feral cats can’t be socialized for placement as pets. The
past approach to eradication of feral cat colonies has been to trap
and euthanize the animals. But that doesn’t work well, according to
KHS veterinarian Jen Stonequist.

Because feral cats are territorial, eliminating members of the
colony simply creates a void that is soon filled again by new cats
– and their unchecked litters of kittens. The cats who live in
these colonies are generally in poor health and carry disease.

“An effective TNR program works to stabilize the free-roaming
cat population in a community by preventing new litters of unwanted
kittens, and reduces feline illnesses by reducing mother-to-litter
transmission and transmission by fighting,” said KHS Spokeswoman
Rachel Bearbower. “It can also significantly reduce the noise and
odor which arise from unaltered males fighting, mating, and marking
territories.”

KHS officials estimate there are more than 2,200 feral cats in
the 98366 area code, where the effort is focused.

The Community Cats Program, funded through a PetSmart grant
provides live traps and training on trapping to willing
neighborhood volunteers.
Adults are neutered or spayed, and given a full check up and a
rabies vaccine before they are reintroduced to their preferred
neighborhood. A small mark on the ear prevents repeats. Kittens are
taken into the humane society for placement as pets.

Over time the colony shrinks, as the animals are unable to
reproduce.

The humane society also has a litter abatement program. If your
pet has had a litter, you can bring the babies (dog or cat) to KHS.
They will be spayed and neutered, and placed in “forever homes.”
KHS also will spay the parent free of charge and return the animal
to you.

Anyone with information about feral cat colonies in the Port
Orchard area, or who is interested in volunteering for the
Community Cats program, is asked to contact Kitsap Humane Society
at CommunityCats@kitsap-humane.org or call 360-692-6977.

Due to space constraints, I was not able to elaborate on an
issue that arose out of the utility committee’s discussion in June
of how bed and breakfasts should be assessed in the stormwater
utility.

Here’s a little background you’ll need:
Stormwater charges are based on impervious surface units, with one
ISU defined as 3,000 square feet of impervious surface, such as
roofs or pavement. Residential accounts, all deemed to comprise one
ISU, are charged a flat monthly rate, as specified in the city’s
code.

Commercial businesses and multifamily dwellings are assessed for
the area of impervious surface on their property divided by 3,000
square feet multiplied by the monthly rate.

And here’s the long version of the second half of the
story that explains how, in one attorney’s opinion, the
reclassification of B&Bs as commercial could have far-reaching
impacts on all of the city’s homebased businesses.

“Gil and Kathy Michael, owners of Cedar Cove Inn B&B,
seconded a suggestion that ratepayers be credited for putting rain
gardens, pervious pavement and other stormwater treatment systems
on their properties.

The Michaels were required to mitigate stormwater runoff during
an earlier expansion of the historic home above Bay Street from
which they do business.
And the couple had another problem with the proposal, given that
the Cedar Cove Inn has been reclassified as a commercial
property.

At the June utility committee meeting, members discussed how
B&Bs are assessed in the stormwater utility. The committee
considered a suggestion from staff that they should be classified
as commercial for accounting purposes.

“The way we handle the code and the way the account is set up is
if you have a business license, even if it is a home-based
business, you are technically commercial,” said Andrea Archer
Parsons, assistant city engineer.

Of the city’s three B&Bs, only Cedar Cove would be
significantly impacted, the committee realized. They asked staff to
see how other cities classify B&Bs for stormwater assessments,
and the report was presented Aug. 19 to the full council but no
action was taken.

On June 10, the Michaels got a notice saying their B&B would
be assessed as a commercial property “due the fact that they are
required to have a business license.” On Oct. 15, they got a notice
saying they would be charged for four ISUs.

Their attorney Gary Chrey on Tuesday argued that by extension
the “commercial property” rule could apply to all of the city’s
home-based businesses, and that could have unintended consequences
beyond higher utility rates. He listed higher real estate taxes and
more onerous building code requirements among a litany of
results.

Public Works Director Mark Dorsey said he didn’t know where that
wording came from and that it needed to be looked at.

Chrey also took issue with wording in the city’s code that
defines commercial property as “all property zoned or used for
commercial, retail, industrial or community purposes.” The key
words here are “or used,” which technically broadens the definition
of commercial. Chrey asked that the code be reworded so the
classification is based on zoning only.

“I think we still need to do some work, based on what I’ve heard
here tonight. We have issues that are related to the increase,”
Councilman John Clauson said.

But the council didn’t want to delay the increase entirely and
put the city at risk of falling out of compliance with escalating
federal water quality standards.

Councilman Rob Putaansuu proposed a one-year graduated increase
from the current $7 per month to $9.70 per month on Jan. 1 and $14
per month on June 1 as a way to buy some time to sort out the
complicating issues. The increase to $14 is needed, Putaansuu and
others say, to fund capital projects that would control flooding
and improve water quality.

If you’ve driven through downtown Port Orchard lately, you will
have seen the old Los Cabos building wrapped in white plastic.
The city of Port Orchard
bought the eyesore in August with the idea of demolishing it to
improve the ambiance of the downtown core. The sale price of
$148,000 included demolition by Turnaround Inc., the company that
held receivership on the building. The demolition will be ongoing
for the next two to three weeks, hence the wrapped building. More
on that in a minute

The former site of Los Cabos restaurant was
gutted by fire in July 2013. There were boarding rooms upstairs
that were occupied at the time of the fire. Three people escaped by
climbing out a bathroom window onto a roof and jumping onto the bed
of a truck at street level.

The building sat abandoned ever since, growing a fine crop of
mold in what was the dining room.
But the mold is not the worst problem. The two-story,
6,000-plus-square-foot building was constructed in 1910, accord to
the Kitsap County Assessor, and has asbestos within from various
additions and remodels.

Asbestos, a naturally occurring mineral, is a remarkable
material, fireproof, strong, a good insulator, but it has been
linked to cancers
including mesothelioma, a cancer that attacks the lining of the
lungs.

According to the
United States Consumer Product Safety Commission, asbestos can
be found in insulation of houses built (or remodeled) between 1930
and 1950, in textured paint and patching compounds whose use was
banned in 1977, some vinyl flooring tiles, some roofing and siding
shingles, older hot water pipes and furnaces.

According to Bobby Pelkey, of Rhine Demolition of Tacoma,
the company handling the building demo, asbestos isn’t a big
problem if it’s contained in materials like tile or widow putty,
but if it’s part of insulation or “popcorn” ceiling tile, tearing
it our could release the asbestos fibers that can cause cancer on
exposure.

To protect themselves, workers wear fully enclosed suits and
respirators. They tear out the hazardous material and seal it
before removal. Inside the building itself, they construct a
three-segment decontamination chamber, which includes a shower for
removing any particles. The suits are bundled and sealed after they
are taken off, as with the rest of the contaminated material.

The job is hazardous, no doubt, but says Pelkey, “As long as you
take the proper steps to protect yourself, there’s nothing to worry
about.”

According to crew supervisor David Schultz — who has been in the
demolition business and working with asbestos for 21 years now —
one of the biggest dangers of older buildings is unstable floor and
ceilings. Before demolition begins, the building is tested for
asbestos, and a walk through reveals potential hazards, such as a
ceiling likely to collapse.
It’s a living, and decent one at that, Schultz said. “I make a
comfortable living.”

And about that plastic wrap, it seals any asbestos fibers inside
the building. So when the building comes down, the asbestos will
have been removed. Voila a blank slate.

Once the demolition is complete, gone will be the entire
building, including this well-established collection of pigeon
poop.
What would you like to see on the property?

Back from the ashes … again, the Lighthouse restaurant will
reopen next week under new ownership, former general manager
Brookes Konig said Friday.

And the new owner would be Konig himself, who is leasing from
property owners Tim Tweten and Gordon Rush, doing business as 429
Bay Street LLC.

By now, everyone in Port Orchard knows the back story: how the
grand landmark building sat unoccupied during the recession, how
earlier this year Eric A. Smith of Bothell, a Seattle cop took a
stab at the restaurant business, hiring Konig as general manager,
how Smith called the place Robert Earl Lighthouse, after his dad,
how the community was happy to see
the place reopened in May.

Konig, former regional manager of Famous Dave’s, had no personal
connection to Smith. A friend of Konig’s in the local hospitality
industry hooked them up. So Konig was just as shocked as the rest
of South Kitsap when Smith was charged July 2 in Snohomish County
with three counts of first degree child molestation. Business,
dropped off after the charges came to light. Employees were laid
off, and
in mid-July, the Lighthouse closed.

Word was, Konig was looking for a backer to reopen the place. On
Friday, he signed the final papers on the lease, and he has
purchased the business from Smith.
On Saturday (that’s today) Rotary members will be at the
restaurant, now called the Port Orchard Lighthouse, helping get the
place back in shape for reopening some time next week. There’s a
free barbecue from 9 a.m. to 5 p.m., and anyone is welcome.

Konig is eager to regain the good will of the community and
hopes to distance the Lighthouse from the tarnish of allegations
against Smith. “The recovery is what’s so important to this
restaurant,” he said.

Surely you’ve seen the Pink-a-Nator. It’s hard to miss the
Pepto-Bismol pink utility truck with the slogan “Servin’ it up curb
side.”
The food truck dishing out specialty burgers, po’boys and other
hearty comestibles has had a regular spot at
the Annapolis Sunday Market and in a lot near the Fred Meyer
shopping center (although not so much lately, since owner Michelle
Roberts-Wash has been busy with catering).

Now, Roberts-Wash has her sights set on the Kitsap County
Courthouse campus.

She attended last week’s Port Orchard City Council meeting to
pitch her plan. The truck would occupy more than one space. The
council’s public property committee has discussed the idea, said
Councilman Jeff Cartwright, a committee member. The committee
suggested a 90-day trial pending feedback from the county.

Meantime, the Kitsap County administrator expressed concerns
about loss of parking spots that are already at a premium,
according to Port Orchard City Clerk Brandy Rinearson.

Roberts-Wash had scoped out parking spaces on Austin Avenue
between the county administration building and public works
building. Councilman Rob Putaansuu noted that, at the previous
meeting Aug. 12, a city resident had complained that she couldn’t
find a place to drop off her ballot.

Other spaces Roberts-Wash had looked at were in front of the
courthouse or the Sheriff’s Office.

Councilman Jerry Childs asked if this would set a precedent.
What if others came along looking for space to sell their
wares?

The public property committee talked about that, Cartwright
said. In fact the Pink-a-Nator sparked a wide ranging discussion
about food trucks, including Portland’s approach of designating
whole blocks to meals on wheels. “Should the city have its own
designated food truck zone?” the committee pondered.

“We talked very heavily about the parking versus the convenience
of having a food service there,” Cartwright said. “We also talk
about would that food service impact other businesses that also
serve food.”

A hot dog vendor has a permit to sell in front of the
administration building. Inside, Coffee Oasis has an espresso stand
that sells food items.

Several council members commented — in the spirit of free
enterprise — that competition with other businesses shouldn’t drive
their decision.

Putaansuu also suggested the Pink-a-Nator might work in
“underutilized” areas including Cline Avenue (the flat part not the
mountain climb) and the gravel lot off Taylor Avenue.

Mayor Tim Matthes said South Kitsap County Commissioner
Charlotte Garrido “would appreciate more notice and more
information than she’s received so far.”

The council agreed to honor Garrido’s request, and Roberts-Wash
said she’s fine with that.

So what do you think? If Port Orchard were to designate a food
truck zone, where should it be?

And, if you’re a restaurant or cafe owner with a
brick-and-mortar location, what are your thoughts on a food truck
zone?